Immigration Audits Now Focused on I-9s – Are You Ready?
The United States Department of Homeland Security has changed its focus from conducting raids to auditing employer records, specifically focusing on I-9 records as a starting point in its quest to eliminate the hiring or retention of undocumented workers. These I-9 audits have been highly publicized in the media, including the issuance of 652 notices in July 2009 and another 1,000 in November 2009.
These government audits are focusing not only on the employment of unauthorized workers, but also on proper completion of the I-9 form. For example, most employers know that they are required to complete their portion of the I-9 forms within 3 business days after an employee is hired. But did you know that the deadline for the employee to complete his or her portion of the 1-9 form (Section 1) is the first day of employment or earlier? Well, it is. The government is planning to treat violations such as this one as substantive violations (rather than technical ones) meaning that such violations cannot be cured and fine levels will be increased greatly! So, be sure to have your employees complete their portion of the 1-9 form on or before the first day of their employment. But be careful: an employer must not have an employee complete an I-9 form before an offer of employment is given.
Fines imposed for applicable substantive violations can range from $110 to $1,100 per I-9 violation. For this reason, all companies should be vigilant about I-9 compliance and should not be under the mistaken impression that audits only penalize those with undocumented workers.
What can you do to ensure your company is in compliance? We recommend the following as a basis for your I-9 compliance program:
• Develop written I-9 policies
• Provide regular training for the company representatives responsible for I-9 completion
• Conduct regular, independent audits of your I-9 records.
With the above-referenced information in mind, we are offering a free service to review 10 of your randomly selected I-9s (and supporting documentation if you follow the policy of copying I-9 documentation). We will then provide you with our review of those I-9s and suggestions going forward.
To take advantage of this service, please contact:
Aimee Clark Todd: aimee.todd@troutmansanders.com or (404) 885-3697, or
Mark Newman: mark.newman@troutmansanders.com or (404) 885-3194.